Dayton Rubber Mfg. Co. v. McCormack

Petitioner, Dayton Rubber-Manufacturing Company, brought two suits against defendant, McCormack, on the same day. The deputy sheriff’s returns show service of summons in both cases on the same day, viz.: December 6, 1927. Suit No. 1, as we may refer to one of them, was the subject of negotiation between the attorneys for the respective parties; but between them nothing was said concerning suit No. 2. May 10, 1928, petitioner took judgment by default in suit No. 2. More than 30 days later, June 12, 1928, petitioner caused execution to be issued. June 13, 1928, defendant in the trial court…